In principle, intellectual property rights are protected by law even if those rights have not been registered. However, registered rights are entitled to stronger protection. Thus, as in most jurisdictions, Turkey prefers that the intellectual property registration system be used. Without registration it may be difficult to protect against infringement; and in some cases without registration certain rights may not be recognized at all. In general, registration facilitates the development and promulgation of new ideas and inventions. Intellectual property right registrations usually reflect genuine right ownership, and it is rare for a right ownership to be genuine when it has not been duly registered.
It is of vital importance to investigate existing registrations before attempting to register an intellectual property right. Developing a distinctive trademark and establishing a market presence requires significant investment in advertising and promotion. The trademark registration process contains some safeguards to ensure that similar trademarks are not registered; however, the process takes time. Companies often begin to use and promote their trademarks before the registration process has been completed. There is a risk that not only will the investment in the trademark go to waste but that the company will be in the unfortunate position of having infringed upon a third party’s previously registered trademark and thus be sued for damages. Even if a trademark is successfully registered, it can be cancelled if later found to be the same or similar to a senior trademark or sign, or if it infringes on a work under copyright protection. Our due diligence process is designed to avoid this kind of loss and, above all, prevent the harm that would be done to any market share gained during these efforts.
The search services that our firm provides ensure that any attempts to register intellectual property rights will not infringe on the rights and registrations of others, while continuing to focus on protecting the rights of our clients.
Our search services include analysis of registrations and applications in the public record that carry strategic importance, investigating any possibly unregistered intellectual property rights, as well as consultation regarding the registrability of the intellectual property. We provide these service ourselves in Turkey and via research institutions and specialist attorneys abroad.